NGT Directs J&K Chief Secy to Explain ₹3.81 Cr Tree Felling Compensation Lapse, Initiate Action Against Officers – Alfaaz – The Words

Srinagar: The National Green Tribunal (NGT) has pulled up the Jammu and Kashmir administration for serious violations of environmental norms in the execution of the Handwara–Bangus road project in Kupwara district, directing the Chief Secretary to explain how large-scale tree felling and illegal mineral extraction were allowed without statutory clearances or payment of dues.

Hearing a petition filed by lawyer and RTI activist Rasikh Rasool Bhat, the Tribunal’s Principal Bench comprising Justice Prakash Shrivastava (Chairperson), Dr. A. Senthil Vel, Mr. Ishwar Singh, and Dr. Prashant Gargava noted that more than 1,000 trees, poles and saplings were cut in Rajwar forests even though the required ₹3.81 crore compensatory charges had not been deposited.

According to the government’s own sanction order dated September 24, 2019, the Public Works Department (PWD) was permitted to use 14 hectares of dense forest land for Phase-I of the project, involving the felling of 447 trees, 340 poles and 236 saplings of deodar, kail, and fir species. In return, the user agency was to pay ₹1.31 crore towards Net Present Value (NPV), ₹28 lakh for compensatory afforestation, and ₹1.68 crore for roadside avenue plantation.

However, Chief Conservator of Forests (Kashmir) Irfan Rasool Wani, appearing virtually, admitted that no such payment had been made so far. Despite this, tree cutting had already been permitted on the ground. The Tribunal has now asked the Chief Secretary to explain the lapse, disclose similar irregularities in other projects, and spell out disciplinary action against officers who allowed such violations.

The bench also flagged alarming discrepancies in the use of construction material. A compliance report from the J&K Pollution Control Committee (PCC) revealed that while the project consumed 74,461.6 MT of material, disposal permits were obtained for only 7,792 MT, with 63,940 MT accounted for through road-cutting debris. This left a discrepancy of 2,728.82 MT, which the Tribunal said prima facie indicated illegal mineral extraction. The Executive Engineer, PWD Handwara, Farooq Ahmad Shah, who attended virtually, failed to justify the gap. The Secretary, Mining Department has been directed to explain the shortfall and specify action taken against the illegal extraction.

The Tribunal also expressed concern over the lifting of riverbed material dangerously close to Sultanpura Galgazna Bridge and Nallah Talri at Dhobi Ghat, warning that such activity could weaken critical bridge structures.

Further, the Rajwar forest is home to endangered species including the Himalayan black bear, leopard, jackal, and Himalayan deer. The NGT has asked the administration to clarify whether mandatory wildlife clearances were obtained before project execution.

The applicant additionally alleged that while clearance was granted only for Phase-I, construction activities for Phase-II had already begun without approval, another breach of environmental law.

Directing the Chief Secretary to file a comprehensive affidavit within six weeks, the NGT ordered him to clarify how the violations occurred, list other projects where compensatory payments remain unpaid, and detail disciplinary action against erring officers. The Tribunal also directed that the ₹3.81 crore be recovered within two months, failing which the project could face a stay.

The matter has been listed for November 11, 2025, when the Tribunal will review the Chief Secretary’s affidavit and decide on further action.